LAW 602 Lecture 2: LAW 602-Class #2
28 Mar 2016
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There has to be an element of deceit; one way to induce, persuade, to their detriment, can also be a falsehood. Ex-gave him my money because i thought only 1% would be exposed to risk. Fiduciary duty breached: act in best interest of yourself. Don"t necessarily have to cause a loss to the victim. Can commit fraud in law-induce person to act to their detriment. They didn"t know the true state of affairs. Assessment-what a reasonable person-objective person would think of their conduct- objectively justifiable conduct. Mistake of fact can be part of due diligence. No need to have intention for regulatory offences. Courts purposely interpret welfare in a broad, liberal interpretation. Recklessly=aware of the risk but proceed in spite of it. Recognize a risk of danger but proceed in spite of it. Privacy can change with the manner of location but technology changes this. You don"t have the right to search the computer in the home.
